The New Orleans daily Democrat. [volume], February 25, 1877, Image 3

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!TATS 0, LO.UIsIAXAA.
t Lyiftt ,.a.y's Proeedingls.
Ezwo R rvt Pr ! pArMP WTr.
State of Louietana,
SNew Orleans. Feb, 2$, 1877,
Benate met pursuant to adjournment,
ft. Liot A. Wilts. LieutenantGovernor
idont of the Senate, in the chair.
411 of the roll the following Senators
to their names:
gDeros. Ellis. Eastis, Garland, Uro
O6de, Kelly, Mitchell, Odein, Perkins,
I ptob~rtson, ~andlford. Steven,
, Wheeler, White and Zaoharle
S esere. Aliain, Boatner, Bryant,
oi. Ce, Demes, Dument. George,
r, Lndry. 8tamps, utton, Twitchell,
aed Younga-.7 Senators.
v".r v+. Dr. markham.
MassA~A. FBOM THE HQUSE.
SHotsa or RýlPnE. ENTATIVE,
New Orleans,February 23. 1577. I
IhtoWttonorable the Senate of the State of
I am directed to inform your hen
y_ tht the House has concurred in
o. 7, " An at to amend and re-on
OAd . lat 19 and 4Iat l Revised Statutes of
and to authorize candidates for State
_iohtest beforo the courts the election
sir bonente."
analo dtreted to inform your honorable
ytbathe House In now ready to meot the
Intolntassembly to ballot for a United
Sietn ator,
S e.tul T'1E . J. TREZEVANT.
l Chie Cloek.
Oin motion of Mr, Ranrlfrd, the reading of
. journal in detail was dlspensed with.
Ogs motion of Mr. Dueres, the Sonate pro
In a body to the hall of the house of
eentatives for the ipuroeso of balloting In
stession for a United States Senator.
:'ie jotit session was called t order ly the
Louis A. Wilta. Lieutenant Governor and
dent of the Penate.
Selolt of the roll, the following Senators
rt to their names:
Duecros, Ellis, Eusiit. Garland,
do, Grover, Kelly. Mitchell, t)Oden,
hardeon, Ak berton,, S udiford
bba, r'exada, Wheelor, Wuito and
a oall of the roll of the Hougo the following
bets anuuered to their names:
. K L1sýh,N etteaket and Mesara. Aldige.
k, rbi, Btllleu, 'id or, B retd, Bow
"ý; . Belresy, a-l peroc. 14s
'a..ut ris Gisles
' I~t'.rtti ntto b fo a Uten
Sthas te . ens. Kidd,
:,;, eý ýttr o thbaerd t of Or
S.n a, o t: e . unue, Porter,
Flt.tis. Ait 0 eon. Ryland,
BeOMlle. l oa e Westrcart, Bin
Bvller, b l art,
onlet, olet asibred
'tOb ident declared a quorum present In
houses, and that the joint assembly would
Sproceed to ballot for a United Statee Bona
Sthe term commencing March 4 next.
ohl. Seretary of the Senate read the names
Swtbt tandiddntes, to-wit:
-. Bl. Jonas of Orleans,. TTon. Randall L.
of Orleans, lIon. R. U.. Wicklile of WYest
I, lion, W. B1. Egin of Caddo, lhon. W.
n of St. Landry.
o Texada withdrow the nomin n of
ames Jeffries, of olapldes.
Waehburte nominated Hlion. W. T. Hall of
Ibs of Morehouse.
tolls of the respeliveo branches of the
Assembly were then called, with the
Sreesnll:
rt George and Representatires Aycock,
i Had', oBerry. lRobhrtson, Dunree,
tr rHuntington, Kelly of Winn, Lyons,
inPerolta, lnolt, Shaksepeare, Singale
Sllu gg, tidgley and Wilde voted for
,Jonas-20 votes.
f r ellyand Representatives Aldice,
t. Buck, Orossy, Estopinal. FIitnhatrlok,
y of Orleans. Lamare, liKeruoehan, I'itts,
roonlet ant Toler voted for Hon. Ran
ben-14 votes.
togden and Parkins and Reoresenta
BDll Delavigne, Porter. .Ryland. Ba'rbln,
Williams and Young of .ast Baton
Vated for lion. it. . WiekliiffTe-1 votes.
SDnurro, and Sandiford and sneaker
and ltpreentatives Barron. Carloss'
, Jpnas, Leeds. Lea, Means. Moteohee, Ran
- tmart and Young of Claiborne, voted
e lion. W, B. B.'gan-14 votes.
tehors Garland and Grover and heoresen
W r oGillespe, Martin, Nuune and ltichard
4oted Hfor on. W. A Robertson--6 votes.
q trs Ellis, Eustis, Goode. Stubbs. Mitchell.
e son, Robtrtson. tteven, Texada., Whoeel
nItO and Zacharie and Representatives
t, Breard. Gaskins, Kidd, Leonhard.
elliers, Taylor, Voorhi's and Wash
e voted for Hlion. /. 1'. Hall-22 votes.
'otal number of votes east 92, necessary to a
boioce 45.
: .e President declared that as no oneof the
.~4tdates had received a majority of the votes
A:: i joiat assembly, there was no election.
O motion of Mr. Robertson, the joint assom
Sdiourned until to-morrow, at 12 o'clock m.,
' the Senate withdrew to its own chamber.
T bo Senato was called to order by Lieutenant
'- yrnor Wilte, President of the Senate.
S'O a all of the roll the following Bena'ors
Weredr to their namesa:
Messrs. Dueros. Ellis. Eustle Garland.
e, Goode, Grover. Kelly, Mitchell, Ogden.
,ichardson, Robertson Stubbs t.bandl
Itver 'lexada White and Zaeharlfc-19.
es.ers. Allinn, Boatner. Breaux.
t, lurch Oage, Demas, Dumont, G a ilar
F, gtamp. sutmton. Twitchell. Wake
' eer an Yaroung-17.
EPOEN oT OO MMIITTEIH.
ý: [M. Goode, chairman of the Committee on
;i4a tlry,. submitted the following report,
I:.ldh lies over under the rules:
T be Honorable President and Members of
;Tc;neomimittee have had under considera
Ioee bill No. 61, optitled "An act to limit
.-utsa within which the answent of gar
y b trbaversed. etc.." and beg leave
lisame favorably with the followlng
rth 1th line of the 1st section after
>W04 'twenty," the word ' judioeal.' and
SOt in the soth and 21st lines the words
jdd the court 1hail tu in session,"
F.. t GOODE. Ohairman.
.0 .oinorable the President and members
Sou Committee on Judlciary have had under
oration House bill No, as, entitled "An
4amtpd and re-enact sections I and 5 of an
< . , apt.roved March , 1869, and beg oave
the same unfavorably. The bill pro
invest all the justces of the peace In
of 13t. Landry with the same power
unt riet as is now exercised by the police
ae th ie cityof New Orleans in all oriminal
arisingt within their respective jurisdic
Stto authorise the police jury of said
e pel a!l p"rsons sentenced to im
y the said justices of the peace to
ot- a 1ublio works, roads and thorough
? wit i the said parish during the term of
ir seateoes.
Our committee object to the bill, borause the
with which it proposes to invest the
Justides of the peaco are vaguuo, indiBflnite
uaaertlan, and because of its doubtful eon
onality.
otr committee do not deem it wise or expo
to invest a justice of the peace with the
war to convi t a porson as.used of a crime or
" woeano~or, and to sentence him to int prison
at hard labor. besides, the power to con
netes~arily implies the power to arsuitt.
a verdict o nacuuittal by the justiooe of the
W ould be a bar to a turther prosecution.
District Attorney, or District Attorney
tkae could not be expected to attend all the
courts throughout the parish, snd
a absence of a prosecuting ofloeor the inter
publie justice would not be properly prJ
these reasons yourom mittee reoommend
the bill do not pass.
F. t. GOODF, Ohairman.
. Pe , chairman of the Committee on
ant iQuarantine, submitted the follow
wtatl lies over uider the rules:
}f. roimend y es othe t btll, with
Iow amienldtm entas:
trike outn secton 1 the last four words, "or
other contagous diseases."
Strike out in section 2 the last three words,
said contagious diseases." and insert in lieu
thereof the words "small pox."
Strike out in section 4 the four last words, "or
other contaglous diseases."
otrike out in lines a and 4 of the title the words
or other contagious diseases.
All of which is respectI fu ublmittied
1. G. PI 'KLN , Oh.arman.
Mr. Texada. Chairman of the Committee on
Canals, Drainage and Inland nlavgation, sub
mitted the following reports, which lie over un
der the rulbs:
lloots CoMMITni7 ON Dantui~ts. OAisALrs)
AMD INLAND NAVIGATION,.
- New Orleans. February i8, .11.
To the Honorable President and Members of
the benate:
Your committee to whom was referred Benate
bill No. 4. entitled "An t to do away.wi the
perspaal property quiljflca'ion now required of
the Bran'h Pilots of the port of New Oleans,
and to repeal sections n24 and 7102 of the Re
vised Statutes, approved March 14, isle, and all
laws relative thereto," beg leave to report by
substitute.
les petfullyr submitted
LEWII TEX ADA, Chairman.
NOTICEs OF BILLS.
Mr. Mitchdil gave notice that at some future
day he would introduce a bill, entitled "An act
authorizing the pollee jury of Clalborne parish
to bond its parish debt.
INTRoDUCTIoN OF BILLS.
Mr. Kelly obtained unanimous consent to in
troduce, without previous notice. Senate bill No.
82, entitled "An act to incorporate the exempt
soolety of Mechanics' Fire Company No. e.
Which was re.d a first and second time under
a suspension of the constitutional rules.
Mr. Kelly moved to consider the bill engrossed
and ordered read a third time.
Mr. White offered as a substitute that the bill
be referred to the Committee on Judiciary,
upon whl.h motion Mr. Kelly demanded the
yeas and iars. The roll being ealle.o resulted
ns follows:
Yans-Messrs. Du'roe. Ellis Eustis George,
(ootde, Mitchell, Ogden. ltlibardson. Btubl ,
Texada. Wheeler nld Nhite-12.
Nuys-Moesrs. Breaux, Garland, Grover,
Kelly. ilobtertson, Bandiford. Steven and Zacha
tIe--H.
Abllent-Messrs. All:ain, Boatner, Bureh, Pry
ant, (lnge, D,ltmas. Dumont, Gla, htarper. Lall
dry Perkins. ttamps, Sutton. Twitchell. Wake
fieldl and Young-ia.
And the bill was so referred.
Mr. Goode called up the following resolution,
aund moved its adoptiln:
Whereas, tile efforts of tills ate to secure
railway communication wilth ed River and
with the State of Texas. have, so far. been
abortive and are likely to remain barren not
withtanding the many millions of dollars ap
propriateor in aid thereof; and.
Whereas, the pro peot, oneI so fair, of se
curing the desired communication through Mr.
Chllrles, Morgan. is now more than clouded by
reason of,uncertain and protracted litigation;
anWloreas the deproesed condition of affairs
renders it Imprecticable for the -tate or its eiti
aine to carry out this paramount measure, and
as, oin the opinion of this body, Mr. Charles
Morgan can give tone and vitality to the enter
prise and bring it speedily to a suecesefal ter
mination : therefore, be it
.r'soredl. That the Committee on Iailroads
and Internal Inprooe vents be. and it is hereby
authorized and eMpowered to consult Mr.
Charles Morgan, or his agents, and ascertain
whether he can be induced to renew his efforts
to extend his " Moranu's Louislana and Texas
tRailroad" west of Mnorgan City. and report to
t this body what legislation, if any. is necessary
and competent In the premises.
Upon which motiotl Mr. Breaux demanded
[ the yeas and ntays. The roll being called re
suited as follows:
f Yens--Messrs. Uttcros, Ellis, Eustis, Garland,
George. Goodes Kelly. (goon. Perkins, Richard
son, Rol'rtson, h andiford. Steven, btubbs,
Texada, Wheelecr and Zacharie-1s.
Nays-Messrs. Breaux and Mitchell-2.
Absent-Messrs. Allain, Iloatner, Bryant,
Bur'h, Cage, Delmas, 1)umont, Gla, Harper,
Landry. Stmnps, Sutton, Twitohell, Wakfleold.
' llWhite and Young--1 Senators.
And.tlhe resolution was adopted.
On motiotn of Mr. Ogden the unfinished busi
ness was postponed one half hour.
On mlotion o(f Mr. Goode, the rules were sus
Spendedt to take up house bills on their first
rnnilinrr.
SI0OUp5E 0IT.LI ON FIRST READIN(G.
louse bill No. 5a, entitled "An act relative to
the transfer of stowks, and to amend and re
enact section :t13: of the Revised statutes of the
Statc.of Loulisana." was, on motion of Mr.
Goode. read a first and socond time under a
suspension of the constitutional rules, and re
fer red to the Committee on Judiciary.
Also, House bill No. a3, entitled "An act to fix
the cash deposit fees on suits brought in the
district and parish courts throughout the State,
the parish of Orleans excepted."
Also, House bill No. st. untitled "An act to
amend and re-enact section 2528 of the Revised
Statutes of the State of Louisiana."
Also, House bill No. 70. entitled "An act to re
peal an act entitled 'An act to define and extend
the limits of the Second Judicial District; to fix
tihe terms of court therein, and to define and
extend the jurisdiction for the Sixth and Sev
enth Municipal Distriots of the parish of Or
loans: to provide for a clerk of said court, and
his compensation and term f office, and to pro
vide for the drawing of jurors for said court.,
and to reannex the Sixth and Seventh Munici
pal Districts of the parish of Orleans to the
First Judicial District.' "
Also. House bill No. 72. entitled "an act to reg
ulate the time of holding the Parish Court In the
parish of Jefferson."
Also. House bill No. 74, entitled "An act to re
peal act No. 45, approved April 13. 1575, and to
provide the manner of filling any vacancy that
may exist in the offieoo of Governor and Lieu
tenantGovernor; to provide for the suspension
from office of the Governor and Lieutenant
Governor pending impeachment. and for other
purposes."
Also, House bill No. 56, entitled "An act to
amend and re-enact article 697 of the Revised
Code of Practice."
Housebill No. 117, entitled " An act to provide
for the transfer of rights and franchises to pur
chasers of railroads under foreclosure of mort
gage upon the same; to provide for the organi
zation by such purchasers of new railroad com
panies: to authorize such new c'ompanles to
borrow money, and to secure the same by mort
gage; and to invest such organized companies
with certain rights and powers, and to impose
on them certain duties."
Was, on motion of Mr. Goode. read a first and
second time under a suspension of the constitu
tional rules and referred to the Committee on
Railroads.
Mr. Wheeler in the chair.
House bill No. 12., entitled "An act relative to
the oath to be taken in garnishment proceed
ings and to deposit for cost in garnishment."
Was. on motion of Mr. Goode, read a first and
second time under suspension of the constitu
tional rules and referred to the Commion ttee on
Judiciary.
Also. House bill No. 127, entiled "An act to
repeal act No. 40 of the acts of the Legislature
for the year 1869, entitled 'An act for carrying
into effect the 1,2d article of the constitution
and sections 34.. 3(52, 3453 and 3154 of the
Revised Statutes of the State of Louisiana.'"
House billNo. 131. entitled "An act to authorize
the police jury of the parish of Lincoln to levy
a special tax in said parish to build a parish
jail."
Was, on motion of Mr. Geode. read a first
and second time under a suspension of the
constitutional rules, and referred to the Com
mittee on CorDbratione and Parochial Affairs.
t SPECIAL OtDRm O! T18 D&A.
Senate bill Noo ia entitled "An cat in relation
to expenses i D{An e-inmd piied in a'l the
tNew' r
"., ~d~$rar~~n
L ai"p~~~i~mn b~
tnatil lat.rdaF, Ye , sb , r1., tdt made the
ipeeiai order of the day for 1 o'cloek,
Mr. Ogden cillednp the maeority and the
minority reports of the Committee on Metropol
itan Pollee on House bill No. 71.
On motion of Mr. Ogden Senate bill No. a3.
substitute for House bill No. 71, reported by the
minority of the Committee on Metropolitan
Police, Was read a first and second time under a
suspension of the constitutional rules.
Mr. Wilts in the chair.
On motion of Mr. Ogden House bill No. 71 and
Senate bill No. .3, substitute for House bill No.
71, was made the special order of the day for
Tuesday. February 27, 1577, at 1 o'clock, and or
dered printed.
Mr. Texada, Chairman of the Committee on
Canals, Drainage and Inland Navigation, ob
tained unanimous consent to submit the follow
ing report:
RooMs COMMrrrTTE ON DRAINAitE, CANALR
ANtD INLAND NAVLOATION,
New Orleans, February 21, 1877.
To the Honorable the President and Members
of the leMnate:
Your committee to whom was referred Hou e
bill No. 11:, entitled "An act to exclude certain
lands from the drainage limits as heretofore es
tablished, to cancel liens and judgments for
drainage for sa it lands, arnd to repeal certain
laws relative to drainage of the parishes of Or
leans and Jefferson." beg leave to report tavor
abl y, with the following amendments:
In lines 25 and If, seedton 1, strike out the
words "included between the lower line of the
city, Lake Pontchartrain along." and inert in
lieu thereot the words "north of the following
line commencing at the intersection "f tihe Me
tairie Ridge with the upper protection levee
along said ridge to."
In lines 17, a4, 8.s and 40, section 1. strik' out
the words 'to C(lalhorne street. thence along
Claiborne street to Poland street, thence along
Poland street."
Also, that they make no report on Ronate bill
No. 37. for the reason that House bill No. 113
provides for the pro\isionus entaineod therein.
lRespectfully. LO1UIS TIJXADA
Chairnl ll.
Which lie over under the rules.
UNFINISIIElD Ut'SINES..
Tipe Chair antnouncned that, when tli' thenate
last adjot rned they had1 under onCtidlettthion
tenate bill No. 7!,.
IIESSA1(E FILutM TIlE IIOUR1t.
Ihou.E OF lEPl'Itr:N'T'ATIVE,'4
Ntew trleans . < brlltary 2J. 1877. i
To the Holnorable the BoSnate of the SLate of
Louisiana:
,wethle'tnt-I am itistrilttted to inform your
honorable body lhnt the H) (o(e Ilha4, t'hasse th lie
following House 1ills, antd task coneutrrenel of
the Soltatn itn the samne, viz:
House bill Nh. 7e. "An act to limnt the notpro
pr ationsnnd ciexpDtnituros of parishes antd inn
nilipall Corporations: to pr nhibit the iss.en of
warrants: to permil police jitri't to mike oer
lain contracts, and prescribing certain pllnal
ties."
A lso. House lill No. 95, "An tet to deflne lion=.
prlvtluces and juldgmenlts for taxes sand assess
ments on real property, tndl to limit the same.
and to deinei t the dttles of sh"rills and roIerd
ers of mtortgangs in relation thereto."
Also. that the House has concurred in Henate
amendments to House bill No. rr. "an ant to
authorize tile Governor to appoint a private
aceretary anti messenger, to fix ttelr salaries.
to provide for and regulate the clerical force in
the offiles of the Secretary of State. Attorney
General, Auditor of P'ublic Accounts, State
Treasurer and Register of the Land Office, to
provide the tilme altnd manner of itaying all of
said salaries, to repeal section 2924 otf the e
vised tatutes of 181i(. and to repeal all laws in
conflict with this act."
And that the tlpeaker lons signed the follow
ing enrolled Senate bills, viz:
Senata bill No. ru. entitled " in act to provide
for the promulgation of laws when t1lo Gov
ernor has faiilei, or shall fail, to return the
same, as required by article ru of the constitu
Ilon. as in ,'ies wihen, after reathing tile Gov
ernor, the enrolled copy hIas been lot or mis'
laid, or for tany reatson not tlnen returnedm : andt
to provideo for tlhe signing by tlle P'reii'dret of
the senate antid eaker of the Hlouse of dtell
cats enrolled copies of all laws."
Al·co t'enatebill 1o. 24, "in relation to refusa
tion of' judges and district attorneysin crihltinal
oases, and to amntttd lind re-enact section lO10d of
lIovlsed Statutes," approved March 14, 1870.
ltespectfully,
espectfully, ETER J. TRE'EVANT.
Chief Clerk.
Utnier UlraK.
The fifth section was reoad.
Mr. lobertson offered the following amend
nmnt, and moved its adoption:
In line 5, before the word "seh.ool,'" insert
the words "free public."
Adopte d.
On motion of Mr. Ogden, the section was
adotteod as amended.
The sixth soction was road.
Mlr. RBohortson offered thy' following amend
ment, and mInvc'd its adoption:
In line It strike out "0" and insert "s." In
line 12 strike out "21" andl insert "Is."
Adopted.
On mnotion of Mr. Ogden, the o'F'tion was
nalopted as amended.
The seventh sec'tion was read.
Mr. Broaux offered the following amO'nd
meont, and1 moved its adoption:
Strike out in line 11, section 7. the word "two"
and insert "one. '
Adopted.
On motion of Mr. Ogden. the section us
amended was adopted.
The eighth section was road, and. on motion
of Mr. Ogden, adopted.
On motion of Mr. George, the vote whereby
section six was adopted, was reconsidered.
On motion of Mr. Robertson, the vote where
by the amendment offered by him to section six
was adopted, was reconsidered.
On motion of Mr. Eustis, tile amendment
offered by Mr. Robertson to section six was laid
upon the table.
On motion of Mr. Ogden, section six was
adopted.
The ninth section was read.
Mr. White offered the following amendment
and moved its adoption:
Line 20. strike out "memoranda," and insert
atter "estate" the words "worth over and above
all incumbrance thereon.'
Adopted.
* On motion of Mr. Ogden the section was
adopted as amended.
The tenth section was read.
Which, on motion of Mr. Ogden, was adopted.
The eleventh section was read.
Mr. Garland offered the following amend.
ment and moved Its adoption:
In section 11, after the word "board." in line
14. insert the words "and shall state against
what school district fund it is drawn."
Adopted.
Mr. Breaux in the chair.
Mr. Garland offered the following amend
mont and moved its adoption:
In section II, after the word "warrants" in the
11th line, insert the words "shall be numbered."
Adopted.
Mr. btubbs offered the following amrndment
and moved its adoption:
tection 11, in line s. add after "books" the
words "and in the order in which they are
drawn."
A dopted.
Mr. Robertson offered the following amend
ment and moved its adoption:
In line2s, after the words "district attorney."
add the words "district attorney pro t m.
Adopted.
Mr. Garland offered the following amendment
and moved its adoption:
In section 11, erame the following words in line
2c, "directors of the schools, the," and insert
"all persons." and strike out all the words in the
27th, 25th, 29th. 0tolh and 31st.
Adopted.
Mr. White offered the f mllowing amendment:
The parish boards shall make annually an es
timate of 'he amount of revenue for the year,
appropriating the same as above required, and
no warrant beyond the amount estimated shall
be drawn for any year, in line lo, after "word."
And, on its adoption, demanded the yens and
nays. The roll being called resulted as follows:
a--Bmaux Garland, Grover. Mitchell.
Blihardion, iio6ortton. 8teveu. Stubbe. Texada
r1rie-te6 ýýuter,
The Senate berlt equally divided, theChair
voted in the affirmative.
And the amendment was adopted.
Mr. Garland offered the following amend
ment:
In section 11, after the word "treasurer," in
line 2. insert the words "shall keep a separate
account with each school district, by placing to
cr dit account of such school district the
amount of school funds for such district as de
termined by the parish school board, and to
the debit account all sums paid for such dis
trict, He"
Mr. Ogden moved to lay the amendment upon
the table.
Mr. George demanded the yeas and nays on
the adoption of the amendment offered by Mr.
Garland, and the roll being called, resulted as
follows:
Yeas-Messrs. Breaux, Garland, Grover, Rich
ardson, Robertson, Steven., Stubbs, Wheeler and
White-a Senators.
Nays--Iessrs. Dueros, Ellis, Eustis. George.
Goone, Keoll, Mitchell, Ogden, Perkins. bandi
ford and Texada-l senators.
Absent-Messrs.. Allaln, Boatner, Bryant,
Burch. Cage. Demse, Dumont, Gln. Harper. Lan
dry, Stam sw. Sutton, Twitchell,Wakoficld, Young
and Zachario-16 Senators.
And the amendment was lost.
On motion of Mr. Ogden, the section as
amendlnd was adopted.
The twelfth section was read.
Mr. Breaux offered the following amend
ment:
In line s, section 12, strike out all after the
word "exeeod" nad insert in lieu thereof ",ie
sum of two hundered dollars (l$oo.)"
Mr. Texada offered as a substitute for the
amlndll(lnlllnt of Mr. Brehux, the following:
bection 12, strike out "live" and insert "two."
ioit.
Mr. Texada offered the following amend
Strike out all II section 16 alter line 52 till lin
aS.
I'tpn whlich Mr. Breaux demnnlloed the yeas
and nays. The roll being called tesulted as
follows:
Yeas-Messrs. Brcaux, Texadal and Wlhite-:l
Seliltmtorls.
Nays-Messrs. Dln'ros. llis, Eustis. Garland,
(Gorgo . (i .it~,. (Grover, Kelly. Miteichll, Ogden.
Peorkiins. ichlardson, lRobertson, Sandiford,
Steven.. Stllls autl WiVrnlr-17 Senators.
Almscet--Messra. Allaiu, Boatuer, Bryant,
Blureh. (!lt.e, Domas, Dumont, (lla, Harper,
Lailndry. Stamps. Hlutton. Twitehell. Wakllefld,
Young end Zacharle-1m .enators.
And the amllendment was lst.
Mir. EIlls offered tihe followin amendment:
etcltion 12, line a, strike ouu 'five' and insert
"three."
Nor which Mr. Breaux offered the following
substitute:
Strike out "five per cent" and insert "two and
one-hlif per cent
And demanded the yeas and nays upon its
adoptlon.
The roll being called resulted as follows:
Yeas-Messrs. Breaux, E'lis. Richardson,
Stulllhs, Texalda and White-b.
Nays -Messrs. Ducros. Eustis, Garland,
George, Goode, Orov,+r, Kelly, Ogden. Per
kins, Rlobertson, Sandiford, Steven and Wheel
or -13.
Absent-Messrs. Allain, Boatner, Vryant,
Burch. Ca.e, liemas, Dumont, (Gla, Harper,
Iandry, Stalnp. Sutton. Twitcholl, Wake
field. Young and Zacharie--17
And the substitute was lost.
On motion of Mr. Grover the Senate went into
executive session.
Executive session beine raised, on a call rf
the roll, the following Senators answered to
tilr namILes:
Messrs. lreaux. Dueros. Elila, Estis Geoorge,
G cle (Irover, Kelly, Mitchell, Ogden, Per
kins, Richardson. ltoberts n. sandiford, Steven.
Slubbs. Texada, Wheelor and W4hit --10.
Ab cut--Mossrs. Allain. Boatner. Bryant.
Burch, Cage, l),mns. Dumont, Garland, Gla,
liet rer, llnandry, Stampsl, Sutto'n. Twitchell,
Wakeflehl, Young and Zacnarle--17.
The luntionu recurring upon the amendment
offert d by Mr. Ellis., it was adopted.
On molton of Mr. Ogden section twelve as
amnended was adopt'd.
teetioun 13 was lead, and, on motion of Mr.
Ogden. adopted.
tctlion 14 was real.
Mr. 1l bertson ofilred the following amend
ment and moved its adoption:
Setion 15, li"I 2r, before the word" public"
add "free."
Adopted.
Mr. White offered the following amendment
and moved Its vadoption:
Line 14 strike out" sergeant-at-arms."
Line 15 strike out" the."
Line 1ai strike out " former two."'
Adopted.
On motion of Mr. Ogden section fifteen was
ndplptd as amenled.
etlion sixtooeen was road.
Mr. Eustis in the chair.
Mr. White offorod the following amendment
and movel its adoption:
Add to the section the following:
" The expenses of said board for its secretary.
stationery and other purposes shall not exceed
three thousand dollars. this limitation not to
apply to expens:s of the schools or teachers.,
but simply to the expenses of the board as a
board."
Lieut. Gov. Wilts in the 'hair.
Mr. White offered the following amendment,
and moved its adoption;
In line 114 Insert after the word arts, "pro
vided no such school shall withdraw any funds
from the schools where elementary education
is taught in the next two sears."
Adopted.
Mr. Robertson offered the following amend
ment:
Strike out all from lino 714 to and including
line 116.
Upon which Mr. White demanded the yeas
and nays. The roll being called, resulted as
follows:
Yeas-Messrs. Breaux, Garland Goode, Rich
ardson, Robertson. Texada and White--7.
Nays-Messrs. Ducros, Ellis, Eustls, Grover.,
George, Kelly, Mitchell, Ogden, Perkins, Bandi
ford, Steven. Stubba and Wheeler-1-3.
Absent-Messrs. Allain, Boatner. Bryant.
Burch, Cage, Domas, Dumont, Gla. Harper,
Landry. Stamps. Sutton. Twitchell. Wacefleld.
Young and Zacharie--16.
Mr. White offered the following amendment
and moved its adoption:
Line 28, after the word "thereof" insert "this
limitation of the monthly expenses not to be
construed to exempt the said board from the
limitations imposed on the parish boards by
section five of this act."
Mr. Eustis moved to lay the amendment upon
the table and demanded Cho yeas and nays.
The roll being called, resulted as follows:
Yeas-Messrs. Dueros, Eustis, George, Kelly
Ogden. utbbs and Whieolor-7.
Nhays-Messrs. Breaux. Ellis. Garland, 'Goode,
Grover, Mitehell. Parkins. Richar son, Robert
son, Sandiford, Seven, 'l'exada and White-la.
Abstnt.-Messrs. Allain. Bloatner. lBryant.
Burch, ('age, Demnie, Dutmont. (lia Harpeor.
Landry, Stanms Sutton, Twitchell. Wakeieold.
Young and Zatharic-1t.
And the motion to table 'wac 1 .t.
The motion recurring upon the adoption of the
amendnrcut offered by Mr. White. it was adop
On motion of Mr. Ogden the section as amend
ed was adopted.
Mr. Rohertson moved to adjourn until Febru
ary 21. 1577, at 12 o'clot mn.
Upon which motion Mr. Richardson demanded
the yeas and nays.
The roll being called resulted as follows:
Yeas-Messrs Br aux, Ducros. Garland,
Grover. Kelly, Mitchell. Robertson. Sandiford,
Steven, Texada and Wheeler--ll.
Nays-Messrs. Elis, Eastis. George, Goode,
Ogden. Perkins, Richardson, Stubbs and White
--9.
Absent-Messrs. Allaln, Buatner, Bryant,
Burch, Cage, Denm, Dumont. Ola. Harper.
Landry, Stamps. Sutton. Twitokaell Wakefield,
Young and ZaBharie-ld.
The Chair announoed that the Senate stood
22 o~fit ia&U
; *Niu.&
O1ICIAiL JOURNAL
OF TIE
FIFTH GENERAL ASSEMBLY
• OF THE
STATE OF LOUIpIANA.
HOUSE OF UEPRESENTATIVE9.
Forty-Fifth Day's Proeeedlngs.
Houws or RsEPABRENTATIVRF, I
Now Orleans. La., Friday, February 23, 1877.
'1 he House was called to order at 11:35 o'clock
a. m. Present:
liHon. L. Bush, Speaker, and Messrs. Aldlge
Aco ek Bridger, Breard, Bowden. Barron,
Brady. Buck. Berry. Bell, Barbin Blilieu. Car
loss, Cressy, Duke Dupreo Estopinal, Fitzpat
rick. Foerster Ulilepio. Huntington, Hill of
Orleans Jonah. Kelly of Winn, Kelly of Or
leans, Iternochan. Kidd, Lyons, Leeds. La
mare. Lea Leonhard of Orleans, Martin,
Means, Medehee. Newsom, Nunez. Porter. Per
alta, Pitts, Richardson, Rob'rtson, Ryland. Ran
dolph. BIolle, tidgley, Shakspeare, Singleton,
Self, Spiller, Stagg, Sellers, Snmart; Taylor Tre
moulet. Toler, Voorhles, Washburne, Wllde
Wliams, Young of Claiborne and Young of
East Baton Rouge.
Sixty-three members and a quorum.
Prayer was offered by the Rev. Dr. Palmer, of
the Presbyterian Church.
The journal of Feb. 21 was approved.
Mr. Young, of East Baton Iouge, moved a re
consideration of the vote of the House by
which Senate bill No. 51 was finally passed on
the 21st inst.
Mr. Jonas moved that the motion to recon
sider be laid upon the table, on which motion.
the yeas and nays were called for with the fol
lowing result:
Yeas-Messrs. Aldige, Bridger, Bowden, Bar
roen, Buck. Cressy, Duke, Dupree, Gillespie.
Jonas. Kelly of Winn Lea, Martin. Means.
Mle(Ghee, Newsom. 4unez. Peralta, Pitts,
litndolbh, Iolle.. Ilidgley. Ringloton, Self. Spil
Ior, Ster,lo, mart. Tremnoult. Washburne.
Wildo and Williama-30.
Nays-Speaker Bush, and Messrs. Ayeork,
Breard. Barrett, Brady, Berry. ltl. U, Barin,
Billieu, ('ar'loss, Delavigne, Estopinal. Fitz
patrick, Foereter, Onskins. hluntington, Helly
of Orleans. IKornoehan, Kidd. Lyons. Leeds,
Lamare, Leonhmard of Orleans, Richardson.
Ivl:Ind, Rohbelton. Shakspenlre. Stagg, Sollers.
Taylor, Toler. Voorhies, Young o.f Claiborne
and Young of East Baton Rouge-;34.
The motion to lay upon the table was lost.
On the motion to reconsider the yeas and nays
were called for by Mr. Fitztlatrick, with the
following result:
Yeas- Hon. L. Bush. Speaker, and Messrs.
Syeork. Batratt. IBrady. Berry, Delavigne. l's
topini,l. Fitzpatrick. Foerster. Tiuntington, Hill.
of Orleans. Kelly of Orleans, Leeds. Lamare,
Leonhard of Orleans, McGehee. Newsom, Ry
land. -haekscnre,. Stagg, .t llers, Tremoulet.
Voorhioe and Wilde-24.
Nays- Messrs. Ahldie Bridger. Breard, Bow
don. Barron. Buck, Bell. Barbin. Pillieu. Oar
loss. Creasy, Duke. iDupree. Gaskins, Gillespio.
Jonas, Kelly of Wilnn. Kerno'+han Lyons, lea.
Martin. Sieatns, Nunez, Porter, 'eralta, Pits.
ii icharirson, lttandolph, 'rob3rtson Rolle, Bldg
lev. H~lf. Stilt.r. Steelo. Smart. 'tavior, Toler
Washburne, Williams, Young of Clatborne, and
Young of East lBaton gouge-41,
The motion to reconsid·r was lost.
JOINT SESSION.
A joint Rossion of the General Assembly was
held for the purpose of further balloting for a
Senator to rjpresent the StBte of Louisiana in
the Senate of the United States for the term be
ginning March 4. 1877, Hon. Louis A. Wilts,
Lieutenant Governor, and President of the Ben- E
ate, protilng. .
The roll of the Senate was called, when the
following Senators answered to their names:
Messrs. Dueroa, Ellis, Rustle, Garland,
(leorge. (oode (rover. Kelly, Mit'heoll, O)- I
den. l'erkins. ltieardson. oobertson. Hendi
ford. 8 even. Stubbs, Toxada, Wheeler, Wnite I
and Zachari".
Twenty Senators and a quorum of the Senate
The roll of the House being called, tile follow
ing members answered to their names:
Hln. L. Bush. Sneaker; and Messrs. Aldige,
Aycock, Inrbin. Billteu, nridger. IBreard Bow
den. Barreon, Barrett, Brady, Buck, Bell, Berrv, 1
Carlos. (tressy. Delavigne, iDuke, )Dupree, Es
topical. Fitzpatrick, Foerster.Gasklns,GOlllesne,
Huntlneton. Hill of Orleans, Jonas. Kelly of
Winn, Kelly of Orleans, Kid4. Kernoehnn,
l,vons, Leeds, Lamare, Lea. Leonhard of Or
leans. Martin, Means, Metiellee, Nueez, Porter,
Pernlta, Pitts, Richardson, Ityland. Randolph,
Belle, Robertson, lildgley, Shakspoar. BSelf,
tingleton, Spiller. Stag. Steele. oellers. Smart,
Taylor, Tremoulot. 'oler,Voorhti..Washburne,
Wilde. Williams. Young of Clalborne, Young
ot East Baton Rouge.
Sixty-six members and a quorum of the
House.
The purpose of this joint session was an
nounced by the presiding officer, and the nomi
nations were read as follows:
Messrs. Jonas, Gibson, Wickliffe, Egan, Rob
ertson and Jeffries.
Mr. Texada. of the Senate, withdrew the name
of the Hon. James Jeffries, of the parish of
Rapides.
Mr. Washburne, of the House, nominated the
Hon. W. T. Hall, of the parish of Morehouse,
and the nomination was seconded by Mr.
Wheeler, of the Senate.
There being no further nominations, the roll
of the Senate was called with the following re
suit:
Senator George voted for the Hon. B. F. Jonas
-1 vot-.
* Senator Kelly voted for tile Hon. Randall L.
Gibson-- vote.
Senators Ogden and Perkins voted for the
Hon. R. 0, WicklifeT-2 votes.
Senators Dueros and Bandiford voted for the
Hon. W B. Egan-2 votes.
enatodrs Garland and Grover voted for the
Ron, W. A. Robertson-2 votes.
Senateor Ellis. Eustit, Goode. ptubbs, Mitchell.
Richardson, Robertson, Slteven,TexadnWheeler.
White and Zacharie voted for the Hon. W. T.
Hell-12 votes.
The roll of the House was called, when the
following members voted for the lion. 'B. F.
Jonas:
[Messrs. Aycock. Bowden, Brady Berry,
Bllillen. Robertson, Duvree, Foerster, hunting
ton, Kelly of Winn Lyons. Newsom. Peralta,
ildgley. Rollo, Shakspeare, Singleton, Stagg
and Wilde-19.
The following members voted for the Hon.
Bandall L Gibson:
Messrs. Aldige. Barrett. Buck, Cressy. Ftopi.
nal.'Fitzpatrick. Kelly of Orleans, Kernochan,
Lamare, Fitts, Self, Tremoulet and Toler-t3.
The following members voted for the Hon.
B. C. Wickliffe:
Messrs. Barbin. Bell, Delavlgne. Porter,
Ryland. Spiller, Williams and Young of East
Batemn Rouge-s.
7 he following members voted for the Hon. W.
B. Egan:
S eak"r Bush and Messrs. Barron Carloss,
Duke, Jonas, Leeds, Lea. Means. McGehee,
Randolph, Smart and Young of Llaiborne-12
The following members voted for the Hon. W.
A. Robertson:
M.essrs. Gillespieo. Martin, Nune and Richard
son-4.
The following members voted for the Hon. W.
T. Hall:
Messrs. Bridger, Breard, Gaskins, Kidd, Leon
hard, Steele, Sellers, Taylor, Voorhies and
Washburno-10.
Total vote 86; necessary to a choice 41.
No one candidate having recoived a majority
of all the votes east, the presiding officer di
idared that there had been no election.
On motion of Mr. White, ot the Senate. the
Senate withdrew to its chamber.
MESSAGE rI'.M TIIE SENATE.
The following message was received from the
- Senate:
SENATE CIIAMrBEIR, Feb. 23, 1577.
1 To the Honorable the Speaker and Members of
the House of Representatives of L uisana:
cntilenmen-I am directed by the Senate to in
form your honorable body that the Senate has
finally passed the following bills, to-wit:
Senate bill No. 45, entitled "An act to change
the time for holding the terms of the District
Courts in the ptrishes of Sabine and Bed River,
and to fix a return day for appeals from the
parish of Red River."
Senate bill No. 81, substitute for Senate bills
Nos. 60 and es, entitled "An aetto repeal see
t t1onrs 5.1, 46r, a1s*, 34at of the hevised Sttutes
of 1870."
I Also:
a i*ns l1 4e"Ae to*RE
An rques yourponourrence in the same.
I a. al dited tnfortn your honecesbe
od thattl Lietenalt Governor an Pi
dent o the sined duly enrolled e.
ate bill No. 2. In relation to recusation of
Jtdges and District Attorneys in cri nl f nitRaseng,
and to amend and re-enact section 1017 of Re.
vised Statutes, aDrovoetd 1th March. 18nu anud
to request the signature of the Hpeaker of the
House of Roeresentatives to the same.
Respectfully
JOHN CLEGG, Secretary.
A further message was received from the
Senate as follows:
RENATB CHAs1rER,
New Orleans. La., reb. u. i.e.l.
To the Honorable the Speaker and Members
of the House of Representatives:
(4erellien--I am directed to infbrm your hon
orable body that the Senate has finally passed
Henate bill No. 47 entitled "An act to provide
for obtaining and publishing reports of bank
saving insti utions and trust comn pales organ
ised under the laws of the State of Louisiansa"
and requests your concurrence In the samO,
Very respectfully, etc.,
JOHN OLEOG.
Secretary of the Senate.
MSSAOGE F.IOM THE OoVERNOB.
The following message was received from his
Excellency the Governor:
ExacuTIve DEPAITMEItI, )
Ntteo of Louisina,
New Orleans, February ©s. 187.
To the Honorable Speakey and Members of the
House of Hepresentatives;
GeUnlemen-I am directed by his Excellency
the Oovernor to inform you that lie has this day
signed and approved an act originated in your
honorable body, entitled
"An act to provide for supplying the loss of
public records. and other papers, consumed by
the burning of the court-house in the parish of
Livingston on the night of the fourteenth day of
October, eighteen hundled and seventy-five.
tospecti'ully.
DUNCAN S. CAGE, Jn.
Private Secretary.
Mr. Voorhles presented the petition of the
"Colored Sliters of the Holy Family" in behalf
of their institution for Poor Old Colored Men
and Women, on bt. Bernard avenue, and in be
half of their institulion for Orphan Colored
Children,which was referred to the Committee
on Charitable and Public Institutions.
On motion of Mr. Voorhies, the special order
of the day, house bill No. 54, was postponed to
2 o'clock.
DILLS INTRODtUC(D.
Mr. Wilde asked and obtained leave to intro
duce, without previous notice given, a bill en
titled
House bill No. 1U. "An act to regulate the con
duct and maintain the putity and freedom of
elections, to provide for the appointmentof s
Registrar in the city of New Orleans and the par-.
ishes throughout the State, to define their dutelt
and the mode of making returns, and for the
purpose of keeping a registry of legal voters
thr ughout the State."
The bill was read, and under a suspension of
the constitutional rule, passed to its seooad
reading, and referred to the Committee on ieog" ,'
istration.
COMMITTEE ERtVICO.
Mr. Jonas, on behalf of the Committee on the
Judiciary, presented the following report: '
NEw Otit1Aws, February 23, tl7.
To the Honorable Speaker and Members of'tb '
House of Representatives of the btate Op
Louisiana:
Your Committee on Judiciary have the honor
to make the following report:
Favorably en Senate bill No. 75, substitute for
Ienato bill No. so, "An act to amond and re
enact article 8271 of 'ho Bevised Civil Code of the
mtale of Louisiana."
Favorably on House bill No. 133 "An act
amcnding section 11923 of the Itovisuei Statutge,
and elh' ging term of the District Court for tie
parish of St. Helena."
Unfavorably on House bill No. 56. "An act tc -
abolish the offieoo of District Attorney pro tem.".
Unfavorably on House bill No. 1:0, " Ar act to
emanc ibate horace Hunloy Itarlow, of the Dal'S
ilh of Tangl anoa."
House bill No. 13, "An act to amend and re
enact section 1682 of the Revised btatntes of
187sle," is referred baook by the committee "with
oat naction," with recommendation to refer the
bhil to the Committee on Agriculture, Cobi
lmerco and I nmmigration.
House bill No. 134, "An act to amend and l -
onact section 2229 of the Revised Stattites of
Louisiana of 1870," is referro I back by corn t
toe "without notion," with recommendation thtL
it be referred to the Committee on Agri.tltture
Commerce and immigration.
Favorably with amendmnis on Senate bill
No. 9, "An noat re ative to juries in the ptao Of
Louisiana, the parishes of Orleans and Jf6er
son excepted, to determine the rualittOfie
of jurors; to prescribe exCmitions fromt
duty; to provide for the appointment oe h
jury commission for each parish; to pr.sr
the rmanner of procuring a genernl venlre
of drawing juries; to give certain powlpreS
distriot judges: to provide for susatid1 i;b
jurors; to compel their attendance, for tdt
compensation, and taxing jury costs is o@litvl.
cases."
Favorably, by substitute, on House iil li
137, "An act to provide the mode and p 'lo
ings In relation to the change of names.
Favorably by subetfute, on House btIl No 1b1
An act in relation to sales of sewing me
planes, and such other property which a.e
law in certain cases exempt from seisare; .
detin= the privileges on such proper t or ffe
andthe manner of enforcing the same ea 3
prevent and punish abuses and imposiotlonls oIa
buyers of such kind of prop rty.
Your committee beg leave reseoctfullt to sUb-y
mit the attached "' pecial Report" on sset.A
65, 50o, 57 and 09 of House bill No. 54, retl.tf.4
to them by the House
The report was received and the attached-.
special report was subsequently taken up, oan
sidered and adopted in detail and in oonneotloA
with the said sections of House bill No. s1.
On the motion ot Mr. McGehee, the afor. e .
House bills Nos. 134 and 185 were refertoed, ..
accordance with the tecomthendatidt dt
Committee on the Judiciary, to the Oomm
on Agriculture, Immigration and Coltier ro
Mr. Lyonse, chairman, on behalf of tlýe
mittee on Corporations, reported as fol.iWeb
To the Honorable Speaker and Memberl of <
House of Representatives of the ktate tp ,-,
Louisiana:
Your Committee on Corporations; to wit..
were referred the following numbered and ena+
tied bills, beg leave to report:
On House bill No. 7a, entitled "An actto inoa -
pOrate Jackson Fire Company No. 15, of the E. :
of New Orleans," ravorablyr.
On Hou-o bill No 114, entitled "An actr
to the town of Boyville, in the parish of
otto. ,nd exempting persons and p
within the limits of said town from the
of all parish taxes, except for coorthpuso
jal' purposes." Unfavorably. '
On House bill No. 118, entitled "At ac
corporate the Mississippi, Terre".u-l
Lake Railroad Comoan, and to defnnIt s'
ers and authority." Favorably. with
mont. T. 11. LYONdL.. Cbriir
Mr. Leeds, Chairman, on behalf of the sI
Committee on City Affairs, presenttdtwo *e
ports, as follows:
HousE oy REPSESENsTgTI2lVe
New Orleans, February 21, 15l.
To the Honorable Speaker and members of to :
House of Representatives:
Your Special Committee on City Affairs hl
tlm honor to submlrhe following retort:
On the "eitition of citizens of Third tr
parish of Orleans, relative to Bays' S pll '
Hospital," no further action is deem ne"
sary. as the-sct repealing the act byhihtel
Luzcnburg Hospital was created has b
ported by your committee, and has beei
by the House.
On House bill No. es, "An act to provide a, fe
of government for the administration o>i
affairs of the city of New Orleans: provide toy$'
Common Council, its organization and qn, t-a'.
I cations of its members; the legislative powds*
of the Common Council; a municipal el( t¢
the city ofllcers, their qu aliflcations. powers
duties; department of improvements.
and landing's: a law department; provid
3 the compensation of all ofllcors; for ther o
and suspension of the sanme; prohlbiitt i '
mo'mtsmr ii the Common Council from being
f terested in his brivate capacity in any parase
or contract for labor and materials of any "
scription furnished to the city and provdi
for an alms house, and repeal all ats -
i nances, or parts of aet- or ordinances in
stistent therewith," your committee reports .
having had the matter under consideratiOIl'`
t deems it inepdient at this time to b
charter of the city of New Orleans., .j
CHAS, J. LEEDS. fairU14M
HousE or Rm
New Orleans, Februaty ,
Ta o the Honorable Speaker and ýO
Houste of oeprset :
's